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ktache.
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August 14, 2017 at 9:00 pm #27507
brooksby
So how come this guy is facing manslaughter charges whereas if he’d been driving a car he’d be able to say the sun was in his eyes and just walk away… (probably).
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STiG911
Firstly, I call Bullshit on
Firstly, I call Bullshit on the guy not knowing it was illegal to ride without a front brake. The likelihood of a cyclist with even a few years experience plus all the forums this guy appears to frequent not knowing this is non-existent. (That being said, I do feel he’s being made an example of despite the daily occurrences of peds stepping out into the road like zombies I’m sure we all see)
Secondly, in court yesterday he was asked why he shouted at the pedestrian. Er why wouldn’t he? cars beep, bells aren’t compulsory and bikes are nearly silent, what’s he supposed to do, use mental projection? Christs’ sake.
dog_film
Tit (in more ways than one)
Tit (in more ways than one) for tat.
Leicester managed to find two police offers to catch errant cyclists on a pedestrian walk. Nothing for the discgraceful numbed of drivers on mobile phones, each 5 mins, I see when riding?
First accident in over five years?
Even cyclists are becoming numb to the number of cyclists being killed by motorists and getting away with it?
Again, no one takes out a will to play golf?
Why is it the thing that makes us feel the most alive will probably be the thing that gets us killed?
Rich_cb
Totally agree, the comparison
Totally agree, the comparison to the many similar cases where a motorist has killed a cyclist and not even been charged is galling.alansmurphy
That’s exactly the issue Rich
That’s exactly the issue Rich. Not sure anyone is arguing that he is guilty of some level of crime and negligence, it’s the styles of reporting, the ‘expert’ witnesses and the comparison to application of law in terms of motorists doing similar that is the annoyance…Rich_cb
Pretty straightforward case
Pretty straightforward case in my opinion.If you ride a bike in the road without brakes it is illegal and therefore negligent.
If you kill someone whilst riding such a bike then a charge of manslaughter is reasonable.
It is up to the jury as to whether the negligence was sufficient to warrant a guilty verdict.
(I have long argued for manslaughter charges to be brought against motorists who kill vulnerable road users, the irony of a cyclist being charged with it is not lost on me)
Anonymous
BehindTheBikesheds wrote:The rider slowed, this is accepted, that’s one thinking/slowing time frame, that the deceased then does not react to audiable warnings in any rational way nor do the expected and simply continue walking forward out of the way (and they’ve already dawdled at best to not even cross one side of the carriageway in the 3.8seconds which is hugely unsual in itself) means the accused has to make another set of thinking decisions, that’s thinking and braking plus another thinking period as to what to do with an unexpected/variable happening infront of him at about 6-9 metres away that he’s trying to avoid but not sure what they are going to do.
The front brake in itself is immaterial unless you are going to apply the same set of braking rules (of coming to a complete stop ALL the time whenever it looks like or that a pedestrian does cross in front of you unexpectedly at ANY given distance AND that you transit along the highway at a speed at least 1/3 less than the indicated if not half at all these times. Again, that rarely happens if ever in normal conditions, to expect this person to adhere to rules that are not applied every day for all types is ludicrous at best. That’s on top of there being form for the law ignoring the braking capability of a vehicle type known to kill and maim by the tens of thousands each year (precedence set then) and that the police apparently only enforce the law/rules or enforce the law with a totally different set of rules when they see fit and particularly against people on bikes.
You cannot start applying rules/laws differently, not change physics/how humans think and how fast they think and how often they have to re-assess what’s happening infront of them in a high stress situation, it was obviously a high stress situation by mere fact of how the defendant reacted directly afterwards. Overloading the brain means you can’t act out perfect lab test scenarios on the road otherwise cycle helmets would be closer to being 86% effective at reducing head injuries which they aren’t, not even close.
Bullshit. The prosecuting case is simple. If the cyclist had a front brake then the whole scenario would have been different. Without a front brake AND with a fixed gear you cannot slow down anywhere near as quickly. You talk about high stress situations? IF the cyclist had a front brake there is little doubt he would have grabbed a fistful of it and things would have been different. The fact is, all of the scenario/reactions/stress outcomes you have speculated/described are not just a result of a pedestrian stepping out carelessly onto a road, they are a result too of the vehicle involved. In this a case one which was defective and illegal and, without doubt, contributed to the outcome.
davel
alansmurphy wrote:
alansmurphy wrote:I also seemed to ‘want’ to hit the barrier when there was a whole load of road to my left, partly because there was a big barrier to the right that was running out and then a drop. But sometimes I think, why didn’t I just steer left.Overload of the brain can cause strange outcomes.
Possibly ‘target fixation’ – you look at the barrier because you don’t want to hit the barrier; you hit the barrier.
alansmurphy
And yes, going back to my
And yes, going back to my unrelated example, thinking was definitely a problem. Grabbed brake locked back rather than scrubbing speed off the front. Something was quick enough to tell me that was wrong and release it, then I grabbed the same bloody brake again. I also seemed to ‘want’ to hit the barrier when there was a whole load of road to my left, partly because there was a big barrier to the right that was running out and then a drop. But sometimes I think, why didn’t I just steer left.Overload of the brain can cause strange outcomes.
alansmurphy
The defence team could really
The defence team could really gain some pointers here… Problem is, probably a car driver who hates cyclists.Anonymous
hawkinspeter wrote:alansmurphy wrote:
So you’ve ridden the road hundreds of times and passed through the pedestrian crossing, at which you must stop if the light is red, hundreds of times. And this is comparable how? If you’d been riding that road and a piano fell from the sky 30 metres after the crossing you’d have half a case. Then I’d dismiss it for comparing disc brakes and a non calibrated camera as parts of your ‘evidence’. What software did you use to determine the 3 metres, I’ve a crash to investigate that I’d like some hard, fast numbers on…hawkinspeter wrote:@BehindTheBikesheds – I just had an opportunity to time my approximate stopping time from my Fly12. I was going around 18mph and a pedestrian light turned red that I wasn’t expecting to be used (it’s not a busy one – I go along that road hundreds of times and have only had to stop maybe 10 times). I spotted it late (the pedestrian was on the right of the road) and so braked quickly though it wasn’t an emergency stop and the road was a little bit wet. It took me just over 3 seconds to slow to a walking pace/track stand after the light turned amber and that’s including the time taken for me to notice the light changing (I only spotted it when it was red). My bike’s got disc brakes so that definitely helped, but I didn’t need to brake hard enough to lose any traction and I’ve got 25mm tyres. I reckon I used about 60% rear and 40% front brake (as far as I can estimate).
It took me longer than 3m to stop and you’re right it’s crappy evidence. I just thought I’d give my experience that 3.8 seconds should be plenty of time to significantly slow from 18mph.
but as i said the 3.8 seconds isn’t just about coming to a stop completely, no-one, or rather very rarely does anyone come to a complete stop when someone starts to cross ahead both on bike or in a car, bus, HGV, van, person on a horse or whatever.
The rider slowed, this is accepted, that’s one thinking/slowing time frame, that the deceased then does not react to audiable warnings in any rational way nor do the expected and simply continue walking forward out of the way (and they’ve already dawdled at best to not even cross one side of the carriageway in the 3.8seconds which is hugely unsual in itself) means the accused has to make another set of thinking decisions, that’s thinking and braking plus another thinking period as to what to do with an unexpected/variable happening infront of him at about 6-9 metres away that he’s trying to avoid but not sure what they are going to do.
The front brake in itself is immaterial unless you are going to apply the same set of braking rules (of coming to a complete stop ALL the time whenever it looks like or that a pedestrian does cross in front of you unexpectedly at ANY given distance AND that you transit along the highway at a speed at least 1/3 less than the indicated if not half at all these times. Again, that rarely happens if ever in normal conditions, to expect this person to adhere to rules that are not applied every day for all types is ludicrous at best. That’s on top of there being form for the law ignoring the braking capability of a vehicle type known to kill and maim by the tens of thousands each year (precedence set then) and that the police apparently only enforce the law/rules or enforce the law with a totally different set of rules when they see fit and particularly against people on bikes.
You cannot start applying rules/laws differently, not change physics/how humans think and how fast they think and how often they have to re-assess what’s happening infront of them in a high stress situation, it was obviously a high stress situation by mere fact of how the defendant reacted directly afterwards. Overloading the brain means you can’t act out perfect lab test scenarios on the road otherwise cycle helmets would be closer to being 86% effective at reducing head injuries which they aren’t, not even close.
alansmurphy
But going back 40 comments
But going back 40 comments wasn’t 6 seconds thinking time in a car at 20mph. I’m not being deliberately obtuse but I think a set of lights here is the key whether you think you caught them late or not.My crash video from Ventoux I have studied time and time again and still can’t figure out what element of rider error it was 🙂 Wheel lost, French reverse brakes, 40mph of speed, etc. I managed to scrub perhaps half the speed off before hitting a big metal barrier but it was over many more metres. Looking at some other videos I was cornering well on the same bike using both brakes and mind was making up for the brakes being the wrong way round. Add panic to any equation and science really does go out of the window.
This is what is frustrating me about the expert advice offered up. A minimum stopping distance is fine in theory and you can beat it. But an ‘appropriate’ or ‘definite’ has variables that they have no chance of accounting for…
hawkinspeter
alansmurphy wrote:
alansmurphy wrote:
So you’ve ridden the road hundreds of times and passed through the pedestrian crossing, at which you must stop if the light is red, hundreds of times. And this is comparable how? If you’d been riding that road and a piano fell from the sky 30 metres after the crossing you’d have half a case. Then I’d dismiss it for comparing disc brakes and a non calibrated camera as parts of your ‘evidence’. What software did you use to determine the 3 metres, I’ve a crash to investigate that I’d like some hard, fast numbers on…hawkinspeter wrote:@BehindTheBikesheds – I just had an opportunity to time my approximate stopping time from my Fly12. I was going around 18mph and a pedestrian light turned red that I wasn’t expecting to be used (it’s not a busy one – I go along that road hundreds of times and have only had to stop maybe 10 times). I spotted it late (the pedestrian was on the right of the road) and so braked quickly though it wasn’t an emergency stop and the road was a little bit wet. It took me just over 3 seconds to slow to a walking pace/track stand after the light turned amber and that’s including the time taken for me to notice the light changing (I only spotted it when it was red). My bike’s got disc brakes so that definitely helped, but I didn’t need to brake hard enough to lose any traction and I’ve got 25mm tyres. I reckon I used about 60% rear and 40% front brake (as far as I can estimate).
It took me longer than 3m to stop and you’re right it’s crappy evidence. I just thought I’d give my experience that 3.8 seconds should be plenty of time to significantly slow from 18mph.
alansmurphy
hawkinspeter wrote:
hawkinspeter wrote:@BehindTheBikesheds – I just had an opportunity to time my approximate stopping time from my Fly12. I was going around 18mph and a pedestrian light turned red that I wasn’t expecting to be used (it’s not a busy one – I go along that road hundreds of times and have only had to stop maybe 10 times). I spotted it late (the pedestrian was on the right of the road) and so braked quickly though it wasn’t an emergency stop and the road was a little bit wet. It took me just over 3 seconds to slow to a walking pace/track stand after the light turned amber and that’s including the time taken for me to notice the light changing (I only spotted it when it was red). My bike’s got disc brakes so that definitely helped, but I didn’t need to brake hard enough to lose any traction and I’ve got 25mm tyres. I reckon I used about 60% rear and 40% front brake (as far as I can estimate).
So you’ve ridden the road hundreds of times and passed through the pedestrian crossing, at which you must stop if the light is red, hundreds of times. And this is comparable how? If you’d been riding that road and a piano fell from the sky 30 metres after the crossing you’d have half a case.
Then I’d dismiss it for comparing disc brakes and a non calibrated camera as parts of your ‘evidence’. What software did you use to determine the 3 metres, I’ve a crash to investigate that I’d like some hard, fast numbers on…
don simon fbpe
brooksby wrote:In the Grauniad’s coverage today, the prosecution are suggesting that the cyclist is some sort of dangerous adrenalin junkie. Now, admittedly, IMO riding a fixed wheel track bike with no front brake takes a certain nerve (incidentally he says he didn’t know that he had to have a front brake to be legal). Anyway, his own social media posts have been used against him in this argument. But, I’m sorry to report, the prosecutions main thing for showing that he’s a reckless Lucas Brunelle wannabe is… Wait for it… He. Admitted. That. He. Doesn’t. Wear. A. Helmet.Surely a smart defence lawyer will ask the jury to substitute the prosecutions use of “bike” for “car”, job done. Same with the helmet as there is supporting evidence.
So the accused watched adrenaline infused cycling videos in the same way that petrol heads watched the Clarkson version of Top Gear.
Does the jury honestly believe that buying an Atom/Lotus 7/other track car turns them into murdering animals?
Ignorance of the law is no defence either.
As a bystander, it’s getting more ridiculous by the day.
wycombewheeler
Yorkshire wallet wrote:
Yorkshire wallet wrote:Can you really see a car driver seeing court for this at the same speed? 20mph with a 10mph collision speed would probably see the blame fall on the pedestrian, especially if in phone-zombie-mode. Pedestrians have right of way, bla bla but pedestrians really don’t seem to give a shit about walking out in front of bikes, where they wouldn’t do it to cars.what about a car with no brakes, relying on the handbrake to stop? Thats the comparison you should be making.
Having ridden on the track I know that stopping pedalling does not stop the bike, it just kicks you off the saddle, I accept that with practice it may be possible to hop the back wheel to lock it and cause a skid, but skidding is not as effective as proper braking and even if it were 70-80% of braking comes from the front wheel on a functioning bike.
We should also be seeing manslaughter charges for any RTA deaths were the causing vehicle is found to be defective (bald tyres in the wet/faulty brakes/steering etc etc) or drivers drunk/drugged or pon the phone.
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